Course Title: Property law

Part B: Course Detail

Teaching Period: Term2 2014

Course Code: LAW5185

Course Title: Property law

School: 650T TAFE Business

Campus: City Campus

Program: C6106 - Advanced Diploma of Legal Practice

Course Contact : Doug Gourlay

Course Contact Phone: +61 3 9925 5944

Course Contact Email:doug.gourlay@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Joanne Mackay - Course Coordinator

Office phone: +61 3 9925-5540

Email:  joanne.mackay@rmit.edu.au

Tina Popa - Teacher

tina.popa@rmit.edu.au

Nominal Hours: 51

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

Pre-requisites:  VU20111 Legal Process

Course Description

The purpose of this module is to provide detailed knowledge of property law as might be relevant to a person working in a legal office, conveyancing office, financial institution or lending mortgage department, government department, or other allied area requiring thorough knowledge of Property Law concepts and applications, including analysis of estates and interests, mortgages, easements, and covenants, tenancies, and adverse possession.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU20109 Property law


Learning Outcomes


Upon successful completion of this course you will be able to:

Learning Outcome 1 - Determine and define the concept of property and the basis of land holding and transfer.
Assessment criteria
1.1 Define the meaning of property, examine and analyse the following:
• the feudal origin of concepts of land law
• the doctrine of tenure
• the doctrine of estates
• personal property
• real property
• fixtures and chattels
1.2 Define the term ‘convey’ and outline the features in the context of property law and conveyancing procedures.
1.3 Apply the concept ’convey’ to a relevant case study and examine the relevant evidence of transfer and conveyance.
1.4 Apply the tests to distinguish, fixtures and chattels (goods) to various case studies and analyse relevant case law.

Learning Outcome 2 - Analyse the various holdings in real estate and assess the implications for the holder of any of the various interests.
Assessment criteria
2.1 Outline the concept of the holding of land in fee simple. .
2.2 Examine the nature of estates other than a fee simple vested in possession.
2.3 Examine the nature of equitable estates and interests.
2.4 Analyse and differentiate between joint tenancy and tenancy in common.
2.5 Evaluate the effect of the rules of co-ownership by application of case studies, and relate the findings to various fact situations.

Learning Outcome 3 - Analyse and assess the various methods by which a person may prove that they possess a particular interest in land.
Assessment criteria
3.1 Examine the nature and proof of a common law title.
3.2 Outline the concept of Torrens title holding.
3.3 Examine the reasons for title investigation analysis.
3.4 Analyse different title examples in relation to 3.1, 3.2 and 3.3.

Learning Outcome 4 - Determine and assess the main features of the Torrens title system in relation to the transfer and proof of ownership of an interest in land.
Assessment criteria
4.1 Trace the development and provisions of the Transfer of Land Act, and analyse the following features:
• historical background to the Torrens system
• the aims and general features of the system
• the compensation scheme
• the registry of Land Victoria
• how land comes under the operation of the scheme including conversion of common law holdings
• the single document as proof of title
• the centrality of registration to the scheme
• distinction between title examples and styles
4.2 Outline the registration of interests other than freehold. Examine the relevant provisions of The Transfer of Land Act with reference to mortgages, caveats, easements, restrictive covenants and the process of registration.
4.3 Analyse the legislative provisions and case law in relation to:
• the conclusiveness of the register
• the estate of the registered proprietor being paramount and the exceptions
• the concept of indefeasibility and the controversy over whether it is immediate or deferred
• the meaning of "fraud" in the context of indefeasibility and its effect.
• in personam rights
• case example analysis and comparison
4.4 Specify the relevant procedures at the registry of Land Victoria.

Learning Outcome 5 - Examine the nature of a possessory title.
Assessment criteria
5.1 Analyse the meaning of adverse possession.
5.2 Examine the relevant provisions of Limitation of Actions Act.
5.3 Assess the procedures for obtaining a Certificate of Title based on adverse possession with reference to the Transfer of Land Act provisions, the Land Victoria guidelines and the analysis of case examples.

Learning Outcome 6 - Examine the nature of estates which are less than freehold and which may encumber freehold estates.
Assessment criteria
6.1 Examine the aspects of tenancies.
6.2 Examine the main provisions of the Residential Tenancies Act.
6.3 Assess the operation of the Retail Leases Act.

Learning Outcome 7 - Establish the nature and the function of a mortgage at common law and within the operation of the Transfer of Land.
Assessment criteria
7.1 Determine the nature of a mortgage.
7.2 Analyse the nature of a mortgage under the common law, and specify the following features:
• the mortgage as a conveyance
• the equity of redemption and the rights of mortgagor
• the concepts of postponing and ‘clogging’ the equity of redemption
7.3 Examine the nature of a mortgage under the Transfer of Land Act.

Learning Outcome 8 - Analyse and assess the basic nature and function of an easement and covenant.
Assessment criteria
8.1 Specify the essential elements, the nature and the function of an easement.
8.2 Determine and assess the basic nature and function of a restrictive covenant.
8.3 Analyse the features of an easement and covenant in relation to:
• a case study
• various case examples
• title examples


Details of Learning Activities

A range of learning experiences are planned for this course including class and online activities, group problem solving and group debates.


Teaching Schedule

Prior to training commencement a program level induction session will be conducted that comprises the following:

• Program overview and requirements
• MyRMIT/Blackboard
• Overview of assessment requirements
• Pre-Training Review including:
  o Recognition of Prior Learning and Credit Transfers
  o Assessment of current skills and knowledge
• Competency/Grading Criteria
• Plagiarism
• Appeals
• Extensions
• Feedback
• Privacy
• Submission requirements
• Resubmission policy
• Where to get support
• Student responsibilities
 
The nominal hours associated with this course are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Week

Date

Topics

Assessment Tasks

17th July

Introduction to the Course including:
• Course requirements
• Course support documents
• Course Blackboard access
• Accuracy of enrolment
• Assessment requirements/Cover Sheets
• Plagiarism
• Appeals
• Submission requirements
• Extensions/Resubmissions
• Feedback in this course
• Getting help

Introduction to Property Law Concepts

 Class activities all semester 10%
214th July Fixture and Chattels 
321st July

 Fixtures and Chattels

 Co-ownership

 

428th July Co-ownership  
 
54th Aug Old law and Torrens title systems 
611th Aug

 Torrens title and the Transfer of land Act
 

 Title Presentations 15%

718th  Aug Adverse Possession 
825th Aug Class Test - Open Book Class test 25% - Open Book
   1-7 September -  Mid Semester break
98th Sep

 Mortgages

 
1015th Sep

 Mortgages

 

1122nd Sep

 Leases and tenancies

  

1229th Sep

 Leases and Tenancies/ easements and Covenants

 

136th Oct

 Easements and Covenants

 
1413th Oct

 Revision

 
1520st Oct Final Open Book Test Final OPEN BOOK  Test 50%
1627th Oct Review/resits 


Learning Resources

Prescribed Texts

Property Law Guidebook
Chris Davies
Oxford University Press, 2010 edition Available in the RMIT bookshop

9780195565485


References


Other Resources

It is recommended that you have access to a mobile computing device to allow greater flexibility in terms of where you can work on campus outside class times.


Overview of Assessment

Assessment methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks and may include:

• case study analysis
• short answers questions
• written assignments/reports
• tests/examination
• oral presentations
• projects

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant module standards are being met.
 


Assessment Tasks

To demonstrate achievement of the learning outcomes in this course the following evidence is essential:

• Knowledge of property law concepts and applications relating to estates and interests, mortgages, easements, and covenants, tenancies, and adverse possession
• Establishing the function of a mortgage at common law and within the operation of the Transfer of Land
• Examining the various holdings in real estate and joint tenancy and tenancy in common including the implications for the holder of any of the various interests
• Proving the existence of estates in land
• Assessing the Torrens title system in relation to the transfer and proof of ownership of an interest in land
• Examining the provisions of the limitations of Actions Act and procedures for obtaining a Certificate of Title based on adverse possession
• Analysing the different types of tenancy arrangements and the provisions of the Residential Tenancies Act
• Investigating the provisions nature of estates which are less than freehold and which may encumber freehold estates
• Analysing the function of a mortgage at common law and within the operation of the Transfer of Land
• Assessing the function of an easement and covenant

In order to pass this course you must successfully complete the 3 assessment tasks:

Assessment Task 1 - Title presentations
Due Date:  week 6 scheduled class

Submission Procedure: Presentation in class and hard copy report to be handed in at end of presentation.

The purpose of this assessment is to examine a certificate of title and relate the content to the topics studied in this course

Assessment Task 2 - In class open book mid semester  test
Due Date: scheduled class in week 8
Submission Procedure:  attend and sit test in class

The purpose of this assessment is to examine the learning covered in week 1-7 topics

Assessment Task 3 - Final OPEN BOOK Test
Due Date: scheduled class in week 15
Submission Procedure:  attend and sit final test

The purpose of this assessment is to examine all topics in this course

Feedback

Feedback will be provided throughout the semester in class and/or online discussions.  You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.  Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.

You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course.
 


Assessment Matrix

Marking Guide:

You will receive feedback on each assessment task that will inform you how well you are performing.

Please refer to the Final Grades table below:

80-100 HD High Distinction
70-79 DI Distinction
60-69 CR Credit
50-59 PA Pass
0-49 NN Fail
DNS DNS Did Not Submit for assessment

Further information regarding the application of the grading criteria will be provided by your teacher.

Other Information

Submission Requirements

You should:
• Ensure that you submit assessments on or before the due date:
   • If your performance in the assessment is affected by unexpected circumstances, you should consider applying for extensions of time. (Please refer to the information in the Late Submission Procedure section below)
   • If you have a long term medical condition and/or disability it may be possible to negotiate to vary aspects of the learning or assessment methods. You can contact the program manager or the Disability Liaison Unit if you would like to find out more.
• Always retain a copy of your assessment tasks (hard copy and soft copy).
• When you submit work for assessment at RMIT University you need to use a cover sheet that includes a declaration
and statement of authorship. You must complete, sign and submit a cover sheet with all work you submit for
assessment, whether individual or group work. On the cover sheet you declare that the work you are presenting for
assessment is your own work. An assignment cover sheet for submission of work for assessment is available on
Blackboard.
• Each page of your assessment should include a footer with your name, student number, the title of the assessment,
unit code and title and page numbers.

Late Submission Procedures

If you are prevented from submitting an assessment on time, by circumstances outside your control, you must apply in advance for an extension to the due date of up to seven calendar days.
  More Information: http://www.rmit.edu.au/students/assessment/extension
  Form to use: http://mams.rmit.edu.au/seca86tti4g4z.pdf

Where an extension of greater than seven days is needed, you must apply for special consideration. Applications for special consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination.
More Information: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
Form to use: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf

Resubmissions:
If you fail an assessment  you will be allowed one resubmission only.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. The highest grade you will receive if your resubmission is successful is Pass.  If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.

Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment.  For more information about the circumstances under which the assessment arrangements might be granted please access the following website:
More Information: http://www.rmit.edu.au/browse;ID=kehn9bz22r41

Course Overview: Access Course Overview